F1 student leaving while country while AOS

[Duy Nguyen 3]

I had filed AOS for my wife on February 2017 and now we are in financial hardship.She been in the states since 2015 and we are married in August 2016. I would like to know if she quit going school abandon her F1visa and want to start working.  . Does its cause any problem when we have the AOS interview? Also, we are planning to leaving the country on September and come back in October . Do you CPB will not allowed her to come back to United states ? She already received her work permit and advance parole . Thanks you for your input 

Edited June 27, 2017 by Duy Nguyen

[Dashinka 24,494]

11 minutes ago, Duy Nguyen said:

I had filed AOS for my wife on February 2017 and now we are in financial hardship.She been in the states since 2015 and we are married in August 2016. I would like to know if she quit going school abandon her F1visa and want to start working.  . Does its cause any problem when we have the AOS interview? Also, we are planning to leaving the country on September and come back in October . Do you CPB will not allowed her to come back to United states ? She already received her work permit and advance parole . Thanks you for your input 

Let me see if I understand, your wife has a pending AOS and already has an EAD/AP card, but also has an F1.  Why not just stay in school and get a part-time job to bring in some money?  I don't see this causing any issues for the GC as she does have the EAD, so she can legally work. 

 

Also, traveling should be no issues as she also has an AP.

 

Good Luck and Safe Travels!

[Duy Nguyen 3]

Thanks you Bill for your input. Well , I'm very concered that if she didnt going school for the Fall and Spring . Technically she is already out of status when we came back to the states after the trip. They are not letting her enter the country. Hopefully its will not happened but I just want to be safe and know if anyone in the forum abadon their F-1 visa while AOS pending experience any problem when Return back to USA.

Edited June 27, 2017 by Duy Nguyen

[Coco8 1,042]

1- I think that if she has AP/EAD she doesn't have the F-1 anymore. She would not be able to enter the US with the F-1 if she leaves the country. It'd be weird if she were able to do that. She has to go to the international office and update her status with them (show them the AP/EAD, etc.).

 

2-  A lot of students find part time in the university. This is even allowed with the F-1. Students can basically work anywhere within campus. She has the EAD so she could use her EAD to get a job on campus and that would make it easier to keep taking classes. She will get a better job if she graduates so it is better to work and study now, for a better paid job later. Plus, if she drops out it will be harder for her to finish studying.

 

3 - If you are in financial hardship you should not spend money traveling. If she has AP she can leave, but it'd be better if she updated her status with the university because they probably need to report she is not a F-1 student anymore.

 

 

[Boiler 45,497]

If she uses AP or EAD then she is no longer F1, she is adjusting status.

[Kim&Jos 19]

As others have said, she is adjusting status and no longer an F1. I doubt that CBP would even let her in under F1 status

 

She can always find a part-time job to help out financially while going to school. In the worst case scenario, if she decides to quit, I don't think it'll affect her AOS. 

 

I can't say anything about using AP to enter the US since I've never done it. Probably others with more experience will chime in. However personally, I wouldn't leave the country unless it's a necessity.

 

Where is she now with her application?

[Duy Nguyen 3]

We filed AOS  back in February and Our case is ready to be schedule for an interview. We already received EAD and AP. However, our Houston's office is backlog with the processing . Its would take aleast a year to receive our AOS's interview . 

Edited June 27, 2017 by Duy Nguyen

[Kim&Jos 19]

It just blows my mind how things have changed (have slowed down to be exact) in the past couple years. 

 

When I did my AOS back in 2013, it took only 3 months to get my GC. Now we're looking at 1 year. It's just unbelievable. 

 

Hang in there and best of luck.